- 3 - $22,905.2 Petitioner concedes that MLIC made the payments on his loans. Petitioners did not report the amount on their Federal income tax return for 1998. Petitioner was prosecuted for, and pleaded guilty to, 20 counts of defrauding credit unions and insurance companies, including MLIC. Discussion3 Respondent argues that the Form 1099-MISC from MLIC reports an amount that represents a discharge of petitioner's indebtedness. Petitioner argues that he did not receive the Form 1099-MISC, and therefore any income it reports is not includable in income. Section 61 defines gross income as "all income from whatever source derived". Section 61(a)(12) provides that gross income specifically includes amounts received from a discharge of indebtedness (DOI). A taxpayer may realize DOI income by paying an obligation at less than its face value. United States v. Kirby Lumber Co., 284 U.S. 1 (1931). The underlying rationale of this principle is that a reduction in debt without a 2 The Court notes that the amount identified on the Form 1099-MISC and in the notice of deficiency is less than the amount of MLIC’s payments. The Court proceeds based on the amount identified on the Form 1099 and determined by respondent. 3Petitioners have made no argument that the burden of proof shifting provisions of sec. 7491(a)(1), effective for Court proceedings arising in connection with examinations commencing after July 22, 1998, have application to this case, nor have they offered any evidence that they have complied with the requirements of sec. 7491(a)(2).Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011